What is Wrongful Death
Wrongful death is a legal cause of action that arises when an individual’s death is caused by the negligence, recklessness, or intentional misconduct of another party. This legal claim serves to compensate surviving family members who have suffered unimaginable harm from the loss of their loved one. These claims can occur from various circumstances such as car accidents, medical malpractice, work injuries, product defects and any situation where someone’s actions or negligence leads to the death of the decedent. The damages can be in the form of medical bills, funeral expenses and costs. However, it can also be emotional damages, such as loss of consortium. In such cases, the estate of the decedent has the right to file the wrongful death lawsuit.
Probate Court’s Role
However, the estate needs to have a court appointed representative before any wrongful death suit may be filed. Therefore, the first step in any wrongful death case is to have the decedent’s estate probated and a personal representative appointed. Then, the personal representative will have the legal standing to initiate the lawsuit.
Furthermore, the probate court plays a crucial role in the legal process. Thus, there is another layer of complexity added to every wrongful death case. The probate court is involved in how the damages should be distributed among the heirs and beneficiaries. Additionally, a settlement will need to be approved by the probate court before it can be accepted by the personal representative. Therefore, having an experienced probate attorney working in tandem with your personal injury attorney is important.
How We Can Help
Navigating the intersection of probate court and wrongful death requires a careful coordination between legal proceedings. Attorney Timothy J. Erasmi partners with some of the best personal injury attorneys in Massachusetts. His professional experience in both probate and wrongful death matters can provide valuable guidance in these complex situations. Schedule your free consultation today!
